Resisting Arrest

A person who has been charged with resisting an officer in Florida with or without violence is usually facing other criminal charges. Prosecutors will use allegations of such conduct to seek longer terms of incarceration for alleged offenders.

While these types of crimes may not be the most serious charges a person is facing, they can reduce the likelihood of an alleged offender being offered any type of diversion program. When officers suffer any type of injuries, prosecutors will more aggressively pursue prison sentences.

West Palm Beach Resisting Arrest Lawyer

If you have been accused of resisting an officer in South Florida, you will want to make sure that you have highly skilled legal counsel. Meltzer & Bell, P.A. defends clients in such communities as Boynton Beach, Lake Worth, Greenacres, Delray Beach, Wellington, and many more.

Our Palm Beach County resisting arrest attorneys will fight to have your charges reduced or possibly even completely dismissed. You can have us review your case during a free, confidential consultation by calling (561) 283-3259 today.

Resisting Arrest Charges in Palm Beach County

There are two different charges relating to resisting an officer. For the purposes of these statutes, an officer is defined as being any of the following:

Law enforcement officer

Correctional officer

Correctional probation officer

Part-time law enforcement officer

Part-time correctional officer

Auxiliary law enforcement officer

Auxiliary correctional officer

Member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission

County probation officer

Parole and probation supervisor

Personnel or representative of the Department of Law Enforcement

Any other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty

The specific criminal offense a person may be charged with will be one of the following:

Resisting Officer With Violence to His or Her Person, Florida Statute § 843.01 — This is the charge if an alleged offender knowingly and willfully resists, obstructs, or opposes any officer in the execution of legal process or in the lawful execution of any legal duty by offering or doing violence to the person of such officer or legally authorized person. It is classified as a third-degree felony.

Resisting Officer Without Violence to His or Her Person, Florida Statute § 843.02 — Also known as ROWOV, this is the charge if an alleged offender resists, obstructs, or opposes any officer in the execution of legal process or in the lawful execution of any legal duty without offering or doing violence to the person of the officer. It is classified as a first-degree misdemeanor.

Resisting Arrest Penalties in West Palm Beach

First-time offenders may be eligible for probation, but many people—including those with criminal histories or previous convictions relating to resisting an officer—can be more likely to face imprisonment and fines if convicted. Depending on the specific charge, the consequences may include:

First-Degree Misdemeanor — Maximum sentence of one year in jail and $1,000 maximum fine

Third-Degree Felony — Maximum sentence of five years in prison and $5,000 maximum fine

Even if an alleged offender does receive probation, a conviction will still result in a criminal record that can create additional problems for an alleged offender in regards to employment, loans, or housing. An experienced lawyer can help work to get the best possible outcome with the fewest long-term consequences.

Florida Resisting Arrest Defenses

Many of these types of cases rely strictly on the testimony of the arresting officer. It is critical for an alleged offender to have a knowledgeable attorney who can fully investigate the arrest and possibly use strong defenses that may include, but are not limited to:

Alleged offender did not knowingly and willfully resist, obstruct, or oppose arrest

Alleged offender used self-defense against an officer's unreasonable use of excessive force

Alleged offender was unaware the individual he or she was resisting was an officer

Alleged offender’s actions did not constitute offering or doing violence

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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.